United States · United States Congress · 4 February 1988
Authorizes the Vietnam Women's Memorial Project, Inc., to construct a statue of a woman Vietnam veteran within the Vietnam Veterans Memorial site in Washington, D.C., to honor and recognize the women of the U.S. armed forces who served in the Vietnam conflict. Subjects the location and design of the statue to approval by the Secretary of the Interior, the Commission of Fine Arts, and the National Capital Planning Commission. Expresses the sense of the Congress that: (1) the addition of the statue is well within the intent of the law authorizing the establishment of the Memorial; and (2) after the addition of such statue, such Memorial will be complete and no further additions to the site should be authorized or undertaken.
United States · United States Congress · 2 February 1988
Ocean Dumping Reform Act of 1988 - Amends the Marine Protection, Research, and Sanctuaries Act to outlaw the disposal of sewage sludge into the ocean at the 106-mile Deepwater Municipal Sludge Dumpsite (Dumpsite) after 1991. Directs each State in which a municipal sewage treatment authority permitted to dump sewage sludge at the Dumpsite is located to submit a report to the Administrator of the Environmental Protection Agency in each of the three years following this Act's enactment which: (1) sets forth a schedule for the identification and development of alternatives to sewage sludge dumping at the Dumpsite; (2) identifies the steps being taken to implement programs which facilitate the beneficial uses of sewage sludge; and (3) describes the financial assessments and plans needed to assure the implementation of alternative sewage sludge options prior to 1992. Requires the Administrator to report to the Congress: (1) within three months of the State reports, on the development of alternative sewage sludge disposal options prior to 1992; and (2) within six months of this Act's enactment, on the progress made in monitoring and preventing municipal sludge dumping outside the Dumpsite by vessels en route to such site.
United States · United States Congress · 2 February 1988
Amends the Internal Revenue Code to include as a tax-excludible fringe benefit $60 per month of qualified employer-provided commuter services between an employee's residence and workplace. Includes as qualified services: (1) transportation furnished in a commuter highway vehicle (such as a van); and (2) transportation paid for or reimbursed by the employer on public buses, trains, or subways. Doubles the rate of the gas guzzler tax.
United States · United States Congress · 2 February 1988
Expresses disapproval of the refusal of the U.S.S.R. to recognize the sovereignty of the Baltic Republics. Designates June 14, 1988, as Baltic Freedom Day. Authorizes and requests the President to submit the issue of the Baltic Republics to the United Nations.
United States · United States Congress · 28 January 1988
Emergency All-Terrain Vehicle Safety Act - Provides that three-wheeled all-terrain vehicles (ATVs) and ATVs designed for use by children under 16 years of age shall be considered to be banned hazardous products under the Consumer Product Safety Act. Directs the Consumer Product Safety Commission to promulgate a final emergency consumer product safety rule for ATVs. States that such rule must require manufacturers and distributors of ATVs to provide: (1) a reasonable refund of the purchase price for three-wheeled ATVs, ATVs purchased for use by children, and ATVs designed for use by children; (2) training in the operation of ATVs to all owners; and (3) a public notice campaign to warn existing and prospective ATV owners of the hazards presented by such vehicles. States that any failure of a manufacturer or distributer to comply with such safety rules shall be considered an unlawful act under the Consumer Product Safety Act. States that the failure of the Commission to promulgate the required safety standards shall result in all ATVs being banned.
United States · United States Congress · 26 January 1988
Authorizes the Secretary of Health and Human Services to establish a National Voluntary Reunion Registry system to facilitate, on a voluntary mutual request basis, the reunion of biological parents and adoptees, biological siblings, or other biological relatives of adoptees through a centralized computer network. Authorizes the Secretary to establish such system by contract with public or private nonprofit agencies or organizations. Directs the Secretary to report annually to the Congress on activities under this Act. Sets forth provisions for participation in the Registry and initiation of the matching process. Directs the Secretary to establish procedures to protect the confidentiality and privacy rights and interests of all participants. Provides for the collection of reasonable fees for Registry services. Allows the Registry to include similar State systems under specified conditions. Allows the Registry to include referral to existing programs that provide counseling services. Authorizes appropriations to carry out this Act for FY 1988 through 1990.
United States · United States Congress · 26 January 1988
Commends the President, Secretary of State, and Administrator of the Agency for International Development for their response to the drought and food emergency in Ethiopia and other nations of sub-Saharan Africa, and urges them to continue efforts to preclude the onset of famine and to ensure the timely delivery of medical and other emergency relief supplies. Declares that: (1) the Government response to these food emergencies should include initiatives to prevent the dislocation of large numbers of persons across national borders and/or into relief camps; and (2) the plight of the refugees or displaced should be addressed by emphasizing the provision of basic human needs, such as food, water, and shelter.
United States · United States Congress · 25 January 1988
Amends the Internal Revenue Code with respect to the excise tax on diesel and aviation fuels. Declares the tax inapplicable in connection with sales of these fuels for use on a farm for farming purposes. (Although fuel sold for these purposes is tax-exempt under current law, provisions of the Revenue Act of 1987 require purchasers to pay the tax and subsequently apply for a refund based on nontaxable uses of the fuel.)
United States · United States Congress · 25 January 1988
Amends the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1988 with respect to funds appropriated to the Federal Communications Commission. Exempts the New York Post from application of the prohibition against the use of such funds to extend the time period of current grants of temporary waivers to achieve compliance with FCC rules governing the common ownership of a daily newspaper and a television station whose primary field strength contour encompasses the same community. Extends until January 1, 1989, the waiver currently in effect with regard to the Post.
United States · United States Congress · 22 December 1987
Thanks the Honorable John C. Stennis, President pro tempore, for the manner in which he presided over the Senate during the first session of the 100th Congress.
United States · United States Congress · 21 December 1987
Minority Business Development Program Reform Act of 1987 - Title I: Congressional Findings and Program Purposes - Expresses congressional findings and purposes with respect to improving the Small Business Administration's minority small business and capital ownership development program (Program). Title II: Program Organization, Eligibility, and Participation - Amends the Small Business Act to establish within the Office of Minority Small Business and Capital Ownership Development a Division of Minority Small Business Certification to analyze and process applications and make on-site visits to determine minority status. Authorizes the Associate Administrator for Minority Small Business and Capital Ownership Development to certify as Program participants eligible small business concerns owned and controlled by socially and economically disadvantaged individuals. Provides that a certified Program participant shall not be eligible to participate in the Program for a period in excess of eight years, commencing on the date of the award of its first contract under the Program. Sets forth eligibility and certification requirements. States that a Program participant shall be graduated: (1) upon successful completion of the Program; (2) upon exceeding the applicable size standard established by the Small Business Administration (SBA); (3) if it is no longer owned by socially and economically disadvantaged individuals; or (4) if it elects to graduate prior to the expiration of its Program participation term. Sets forth circumstances under which a participant is terminated from the Program and provisions for challenging the eligibility of a participant. Title III: Enhancing the Program's Business Development Aspects - Requires a Program participant to submit a business plan for review by its assigned Business Opportunity Specialist. Requires that the plan be approved by the SBA prior to the participant's being awarded a contract under the Program. Specifies provisions to be included in the plan. Requires annual plan review and modifications as appropriate. Establishes in the Treasury the Bid and Proposal Cost Fund for the award of financial assistance to help defray the costs incurred in the preparation of offers necessary to compete for the award of Government and commercial contracts. Requires recipients of such assistance to repay the Fund 50 percent of the amount received if they are awarded a contract. Authorizes appropriations for the Fund for FY 1989 through 1991. Requires the Program to: (1) establish a training program for small business concerns to be delivered at the regional level to instruct participants in preparing effective proposals to competitive solicitations issued by Federal agencies; and (2) conduct seminars to assist participants to develop business plans which will enhance the concern's potential for operating profitably upon graduation. Provides for the Administrator of the SBA to approve any agreement for a joint venture between a small business concern eligible under the Program and any other business concern. Authorizes the SBA to make loans for the purchase of equipment, facilities, materials, supplies, or other necessary production or technical assets and for working capital directly to small business concerns under the Program, or under the minority small business program. Sets forth limitations for such assistance. Establishes in the Treasury a revolving fund for financing such loans. Authorizes appropriations to the fund. Title IV: Business Development Through Federal Contracting Opportunities - Prohibits the SBA from awarding to a Program participant a contract under the minority small business concern provisions, unless the participant certifies that the aggregate dollar amount of all contracts awarded to it by the SBA does not exceed a specified schedule of total sales. Sets forth the circumstances under which the SBA may award such contracts notwithstanding such schedule. Requires certain Federal agencies to prepare a forecast of expected contracting opportunities or classes of contracting opportunities for the next and succeeding fiscal years considered to be suitable for award to minority small business concerns. Requires each Program participant to annually forecast its needs for contract awards for the next Program year and the succeeding Program year during the review of its business plan. Requires the SBA to award non-competitive contracts to the minority business concern that identifies the contract opportunity if: (1) the Program participant is determined to be a responsible contractor; (2) the award of contract would be consistent with the participant's business plan; and (3) the award of the contract would not result in the participant's exceeding the requirements of the schedule of total sales. Authorizes the Administrator to consider the geographical distribution of contracts and to direct the award of any contract to achieve an equitable distribution among the various regions and among Program participants. Sets forth administrative provisions and limitations with respect to the award of such contracts. Requires a small business concern which is awarded a contract under the Program to complete performance of the contract, even if the period of contract performance extends beyond the firm's graduation from the Program. Requires the Government contracting officer to limit contract modifications to those necessary to attain contract performance when the contract is being performed by: (1) a contractor who has been terminated for cause from the Program; or (2) a contractor who is unable to meet Program requirements. Sets forth the circumstances under which a socially and economically disadvantaged small business concern may transfer a contract to another business concern. Provides for appeals of agency decisions regarding minority small business contract opportunities. Title V: Improved Program Management and Congressional Oversight - Requires that the Associate Administrator for Minority Small Business and Capital Ownership Development be a career appointee in the competitive service or in the Senior Executive Service. Provides for the position of Business Opportunity Specialist in each SBA field office to be responsible for assisting one or more Program participants. Sets forth conflict of interest provisions for former employees engaged in activities with respect to Program participants for one year after the end of such employment. Increases penalties for misrepresentation as a small business or minority concern. Requires a Program participant to report to the assigned Business Opportunity Specialist at least once every three months: (1) a listing of parties receiving compensation to assist in obtaining a Federal contract for the participant; and (2) the amount of compensation received by such persons during the relevant reporting period and a description of the activities performed for such compensation. Requires the Administrator to report the names of concerns that fail to submit such reports to the congressional Small Business committees. Directs the Administrator to develop and implement a process for the systematic collection of data on the benefits derived by the economy of the United States and by socially and economically disadvantaged individuals as a result of the operation of the Program. Requires the Administrator to report annually to its congressional Small Business Committees, beginning on April 30, 1990, on the Minority Small Business and Capital Ownership Development Program. Prescribes report contents. Title VI: Other Amendments - Requires the President to annually establish specified goals for procurement contracts awarded to small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals. Prescribes minimum participation goals. Requires the SBA to report to the President annually on the attainment of goals for participation by small business concerns. Directs the President to include the information in the annual report to the Congress on the State of Small Business. Requires that Federal prime contracts that contain subcontracting goals for small businesses and disadvantaged businesses to provide for liquidated damages if the prime contractor fails to make a good faith effort to comply with the goals. Requires agencies to ensure that the implementation of contract goals for minority small business concerns does not alter or change the procurement process used to implement other procurement programs. Authorizes FY 1988 appropriations as necessary to hire additional personnel to carry out specified provisions of this Act.
United States · United States Congress · 21 December 1987
Authorizes the Secretary of Housing and Urban Development to require Department of Housing and Urban Development (HUD) program applicants or participants to: (1) disclose their social security or employer identification numbers; and (2) consent to wage information verification. Amends the Social Security Act to provide HUD with access to State employment records. Requires Federal, State, local, or public housing administering agencies to independently verify such information before terminating or reducing any housing benefits. Establishes criminal and civil penalties for misuse of such information.
United States · United States Congress · 19 December 1987
Comprehensive Federal Law Enforcement Improvements Act of 1987 - Title I: Special Improvements - Allows Federal agencies to provide travel and transportation expenses to newly appointed law enforcement officers. Authorizes investigators of the Offices of Inspector General to: (1) conduct investigations concerning any violation of U.S. law relating to the programs, personnel, or operation of a Federal department, agency, or administration; (2) obtain and serve subpoenas and summonses; (3) obtain and execute search and arrest warrants; (4) carry firearms; and (5) make lawful warrantless arrests. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to increase the basic level of public safety officer death benefits. Removes the requirement that parent beneficiaries be dependents of the deceased officer. Authorizes the Comptroller General to assign General Accounting Office (GAO) employees special investigative duties with respect to Federal programs and activities. Grants the Comptroller General subpoena power in such investigations. Provides increased criminal penalties for assaulting certain GAO personnel. Provides criminal penalties for obstructing GAO audits or investigations. Amends the Federal Torts Claim Act to include GAO investigators within the definition of "investigative or law enforcement officer." Title II: National Advisory Commission on Law Enforcement - Establishes the National Advisory Commission on Law Enforcement to study the methods and rates of compensation of law enforcement officers. Requires the Commission to report the results of such study to the President and the Congress within six months of enactment of this Act. Terminates the Commission upon adjournment of the 100th Congress.
United States · United States Congress · 18 December 1987
Federal Debt Collection Procedures Act of 1988 - Title I: Federal Debt Collection Procedures Act - Establishes a uniform, nationwide system of procedures to facilitate the collection of debts owed to the United States. Provides that the United States shall not be barred by the statute of limitations of any State in the enforcement of any of its claims. Establishes a pre- and post-judgment right of discovery with respect to the financial condition of any debtor. Establishes special rules with respect to the sale of perishable property during the pendency of any proceeding to recover debts owed to the United States. Grants U.S. counsel and non-attorney debt collection personnel absolute immunity from liability arising from errors, omissions, or negligence in performing their official debt collection duties. Allows U.S. district courts to assign their duties in proceedings under this Act to U.S. magistrates. Authorizes appropriations. Permits the United States to seek any prejudgment remedy allowed by law. Sets forth procedures to be followed by the United States under such circumstances. Establishes additional procedural requirements with respect to the attachment of property, garnishment, sequestration, and replevin. Allows the United States to apply for the appointment of a receiver for property in which it has an interest and which is or will be the subject of a court action. Sets forth the powers of the receiver. Allows the district court to enter a "judgment by confession" in favor of the United States without the filing of a civil action for money due and owing. States that a judgment creates a lien upon all the real property of a judgment debtor. Makes any person who is the subject of such a lien ineligible for Federal grants and loans. Allows the district court to order the United States to sell any real property subject to its judgment lien. Sets forth procedures for determining the applicable interest to be charged on judgments. States that such liens shall be effective for a period of 20 years. (Such liens may be renewed for one additional 20-year period.) Sets forth procedures with respect to: (1) the issuance of restraining notices; (2) the sale of real and personal property subject to levy pursuant to a writ of execution; (3) installment payments; and (4) garnishment. Grants the court power to: (1) modify the use of any enforcement procedure; (2) punish for civil and criminal contempt with respect to an enforcement procedure or order under this Act; and (3) under certain circumstances, issue a warrant for the arrest of a judgment debtor. Lists the types of property which are exempt from the enforcement procedures of this Act, which include the debtor's: (1) interest in real property used as a residence; (2) interest in one motor vehicle; and (3) right to receive social security, veterans' disability, or unemployment benefits. Places certain limitations on exempt property. Provides remedies for the fraudulent transfer of an asset by a debtor. Allows the United States to bring an action in U.S. district court to compel a partition of property among co-owners and tenants. States that Federal law shall govern: (1) any action by the United States to foreclose security interests in real property; and (2) the right of the United States to collect a deficiency following the foreclosure of a loan guaranteed or insured by the United States. Title II: Amendments to Other Legislation - Makes technical and conforming amendments to various provisions of Federal law. Authorizes appropriations for the refund of erroneously forfeited bail. Establishes in the Treasury the Department of Justice Debt Collection Fund, which shall be used to: (1) train Department personnel in debt collection; (2) provide services pertinent to debt collection; and (3) cover expenses associated with the sale of property. Authorizes appropriations for FY 1989 through 1992. Allows the court to order that criminal appearance bail bonds be applied to the payment of any assessment, fine, restitution, or penalty imposed upon the defendant.
United States · United States Congress · 18 December 1987
Criminal Justice Reform Act of 1987 - Title I: Exclusionary Rule - Exclusionary Rule Reform Act of 1987 - Amends the Federal criminal code to provide that evidence obtained by a search or seizure shall not be excluded if the search or seizure undertaken in an objectively reasonable belief that it was in conformity with the fourth amendment to the U.S. Constitution is admissible. States that evidence obtained pursuant to and within the scope of a warrant constitutes prima facie evidence of such a reasonable belief. States that, except as provided by statute or a rule of procedure prescribed by the Supreme Court pursuant to statutory authority, evidence which is otherwise admissible shall not be excluded on the ground that it was obtained in violation of a law, rule, or regulation. Title II: Habeas Corpus - Reform of Federal Intervention in State Proceedings Act of 1987 - Amends the Federal judicial code to condition consideration of a habeas corpus claim by a prisoner on a showing of actual prejudice resulting from the Federal right violated and that: (1) State or Federal Government action precluded assertion of that right; (2) the Federal right did not previously exist; (3) the factual basis of the claim could not have been discovered by reasonable diligence; or (4) the violation asserted probably resulted in an erroneous conviction, a sentence predicated on an erroneous conviction, or a sentence predicated on an erroneous factual determination. Establishes a one-year statute of limitations for habeas corpus actions brought by State prisoners, and a two-year statute of limitations for similar motions made by Federal prisoners. Vests authority to issue certificates for probable cause for appeal of habeas corpus orders exclusively in the courts of appeals. Permits denial on the merits of habeas corpus writs notwithstanding the failure to exhaust State remedies. Prohibits the granting of a habeas corpus writ with respect to any claim which has been fully and fairly adjudicated in State proceedings. Title III: Capital Punishment - Capital Punishment Procedures Act of 1987 - Amends the Federal criminal code to establish criteria for the imposition of the death penalty for Federal crimes. Requires the Government, for any offense punishable by death, to serve notice upon the defendant a reasonable time before trial or acceptance of a plea, stating that the death penalty is justified and setting forth the aggravating factors upon which it will rely. Requires a separate sentencing hearing before a jury, or the court upon motion by the defendant, when the defendant is found guilty or pleads guilty to an offense punishable by death. Allows the defendant and the Government to present any information relevant to sentencing, without regard to the rules of evidence, but permits evidence to be excluded where its probative value is substantially outweighed by the danger of creating unfair prejudice, confusing the issues, or misleading the jury. Specifies mitigating factors which the defendant must establish by a preponderance of the information and aggravating factors which the Government must prove beyond a reasonable doubt. Sets forth special aggravating factors for espionage, treason, homicide, and the attempted murder of the President. Directs the court, or the jury by unanimous vote, to impose the death penalty upon a finding that such sentence is justified based on consideration of both the aggravating and mitigating factors. States that no person who was under 18 years of age at the time of the offense may be sentenced to death. Requires the court to instruct the jury not to consider the race, color, national origin, creed, or sex of the defendant or victim in its consideration of the sentence. Establishes procedures for appeal from a death sentence. Requires the court of appeals, upon consideration of the record and the information and procedures of the sentencing hearing, to affirm the decision if: (1) the sentence was not imposed under the influence of passion, prejudice, or any other arbitrary factor; and (2) the information supports the finding of aggravating factors. Requires the court to provide a written explanation of its determination. Sets forth procedures for the implementation of the sentence of death. Limits the circumstances under which the offense of delivering defense information to aid foreign governments is punishable by death. Provides for the imposition of the death penalty for: (1) murder committed by prisoners in Federal prisons; (2) kidnappings which result in the death of any person; (3) hostage takings which result in the death of any person; (4) attempting to kill the President of the United States (if such attempt results in bodily injury or comes dangerously close to causing the President's death); (5) "murder for hire"; (6) murder in the aid of a racketeering activity; (7) international terrorism (where the killing is a first degree murder); and (8) engaging in a criminal enterprise activity which results in death. Increases the minimum sentence to life imprisonment for the crime of bank robbery which results in death.
United States · United States Congress · 17 December 1987
Deplores the Soviet Government's active persecution of religious believers in the Ukraine and its forcible liquidation of the Ukrainian Orthodox and Ukrainian Catholic Churches. Discourages official participation by the U.S. Government in ceremonies of the Millennium of Christianity in Kievan Rus' so long as: (1) individuals are harassed and imprisoned for their religious beliefs and denied access to religious literature and instruction; and (2) the Ukrainian Catholic and Orthodox Churches remain outlawed. Sends greetings to the Ukrainian people on the Millennium. Urges the President, the Secretary of State, the U.S. delegation to the United Nations, and the U.S. delegation to the Vienna Review Meeting of the Conference on Security and Cooperation in Europe to continue to speak out forcefully against violations of religious liberty throughout the Soviet Union and, specifically, in the Ukraine. Calls upon the Soviet Government to release all those imprisoned for their religious beliefs and legalize the Ukrainian Orthodox and Ukrainian Catholic Churches.
United States · United States Congress · 16 December 1987
Great Lakes Coastal Barrier Act of 1987 - Amends the Coastal Barrier Resources Act to include in the Coastal Barrier Resources System those coastal barriers of the Great Lakes that are recommended by the Secretary of the Interior to the Congress for review under the Act. Directs the Secretary to recommend to the Congress undeveloped coastal barriers along the Great Lakes that are appropriate for inclusion in the Coastal Barrier Resources System. Prohibits the Secretary from recommending any area which is publicly owned and protected by Federal or State law, or held by a qualified organization primarily for wildlife refuge, sanctuary, recreational, or natural resource conservation purposes. Directs the Secretary, before making the recommendations, to consult with Federal agencies, States bordering on the Great Lakes, and the public. Gives the Congress 90 days after the Secretary submits the boundaries of the coastal barriers to review the boundaries. Declares that, after those 90 days and subject to modification by law, the barriers designated by the Secretary shall be included in the Coastal Barrier Resources System. Directs the Secretary to review the System maps at least once every five years and make modifications to reflect changes occurring as a result of natural forces. Requires that reviews be made in consultation with appropriate States, coastal zone management agencies, Federal agencies, and the public. States that limitations on Federal expenditures under the Coastal Barrier Resources Act shall not apply to highways located within Michigan if the Congress adds new units to the Coastal Barrier Resources System, and those units include portions of U.S. or State highways in Michigan.
United States · United States Congress · 16 December 1987
Amends the National Housing Act to extend authority through March 15, 1988, for: (1) title I financial institution insurance for housing renovation and modernization; (2) general mortgage insurance; (3) low and moderate income and displaced families mortgage insurance; (4) homeownership for lower income families including mortgage insurance authority and housing stimulus authority; (5) mortgage co-insurance, including rental rehabilitation and development projects; (6) graduated payment and indexed mortgage insurance; (7) the demonstration mortgage reinsurance program; (8) mortgage insurance for armed forces' civilian employees and defense housing for impacted areas; (9) mortgage insurance for land development; and (10) mortgage insurance for medical and dental group practice facilities. Amends the Housing Act of 1964 to extend urban rehabilitation loan authority through March 15, 1988. Amends the Housing Act of 1949 to extend Farmers Home Administration Authority through March 15, 1988, for: (1) insured loans for rental and cooperative housing and related facilities for elderly persons and families in rural areas; (2) rural communities with 10,000 - 20,000 population to participate in rural housing programs; and (3) mutual and self-help housing grant and loan authority. Amends the National Flood Insurance Act of 1968 to extend authority for national flood insurance, including emergency implementation and flood-risk zones, through March 15, 1988. Amends the National Housing Act to extend authority for the national crime insurance program through March 15, 1988. Amends the Housing and Community Development Act of 1974 to extend community development block grant entitlement authority for certain metropolitan city and urban county areas through March 15, 1988. Amends the Housing and Urban-Rural Recovery Act of 1983 to extend the maximum interest rate limitation on loans for housing and related facilities for elderly or handicapped families through March 15, 1988. Extends the Home Mortgage Disclosure Act through March 15, 1988. Amends the Solar Energy and Energy Conservation Bank Act to extend the Solar Energy and Energy Conservation Bank through March 15, 1988. Amends the Federal National Mortgage Association Charter Act to extend the Federal National Mortgage Association's (Fannie Mae) authority to purchase secondary residential mortgages through March 15, 1988. Amends the Federal Home Loan Mortgage Corporation Act to extend the Federal Home Loan Mortgage Corporation's (Freddie Mac) authority to purchase secondary residential mortgages through March 15, 1988. Amends the National Housing Act to make permanent the limitation on the principal amount of mortgages that may be insured in any fiscal year under such Act. Amends Federal law to extend the moratorium on the prepayment of certain rural rental housing loans through March 15, 1988.
United States · United States Congress · 15 December 1987
Raoul Wallenberg Monument Resolution - Authorizes the Raoul Wallenberg Tribute Committee to establish a monument to honor Raoul Wallenberg on Federal land in the District of Columbia or its environs. Prohibits the United States from paying any expense of the establishment of the monument.
United States · United States Congress · 11 December 1987
Decennial Census Improvement Act of 1987 - Requires the Secretary of Commerce to adjust the population data of the decennial census to correct for any undercounts or overcounts and to report to the appropriate congressional committees, not later than one year in advance of such census, on the proposed plan for making such adjustment.
United States · United States Congress · 8 December 1987
Corporation for Small Business Investment Charter Act - Amends the Small Business Investment Act of 1958 to give a licensee in good standing three months from the date the Small Business Administration receives notice that it is ready to conduct business to qualify for conducting business with the Corporation for Small Business Investment and a special-purpose trust established by this Act. Requires the Administration, within six months after receiving notice that a licensee is ready to conduct business, to promulgate regulations to effect the termination of operations of any licensee which has not qualified for conducting business with the Corporation for Small Business Investment and the Trust. Sets forth the requirements for the final regulations for termination of the operations of any licensee and directs the Administration to furnish to the Corporation all books and records necessary to carry out the provisions of this Act. Establishes the Corporation for Small Business Investment and requires it to maintain its principal office in the District of Columbia. Requires the President to appoint an interim board of directors for the Corporation. Sets forth procedures for selecting the Corporation's permanent board of directors. Requires the board to determine the Corporation's general policies and to select persons to fill the offices provided for in the bylaws. Describes the Corporation's stock structure. Authorizes any depository institution to: (1) make payments to the Corporation of capital contributions; (2) receive the Corporation's stock as evidence of capital contributions; and (3) dispose of such stock. Authorizes the Corporation to issue nonvoting preferred stock. Sets forth limitations on obligations and securities issued by the Corporation. Authorizes the Secretary of the Treasury to purchase obligations issued by the Corporation. Sets forth limitations on the amount and yield of such purchases and requires advance approval of the Congress. Makes all obligations issued by the Corporation acceptable as security for all fiduciary, trust, and public funds controlled by the United States. Authorizes the Corporation to issue commitments or otherwise deal in small business investment securities after the permanent board has been duly constituted. Sets forth the procedure for perfecting a security or ownership interest in small business investment securities created by the Corporation. Authorizes the Corporation to guarantee specified securities. Sets forth criteria for the qualifications of small business investment companies to conduct business with the Corporation. Authorizes the Corporation to enter into agreements with small business investment companies. Authorizes such companies to provide equity capital and loans to small-business concerns. Limits small business investment companies to activities contemplated by this Act and sets forth procedures for eliminating conflicts of interest. Requires the Corporation to adopt a rule prohibiting small business investment companies from assuming control over small-business concerns except on a temporary basis. Sets forth restrictions on the financing of small business investment companies, including a limitation on the aggregate amount of obligations and securities acquired for such companies and a prohibition on providing financing for relending and purchasing or guaranteeing securities that would exceed a specified percentage of the Corporation's assets. Provides that loans from small business investment companies to small business concerns are exempt from the provisions of the Constitution or State laws that limit the terms of such loan, unless the exemption is overriden by a State. Requires the Corporation to adopt criteria for making investments in disadvantaged small business concerns. Establishes a special-purpose trust which shall operate in accordance with a trust agreement between the trust and the Corporation. Sets forth procedures for appointing the trustees. Requires the trust to establish separate accounting for all preferred securities, debentures, loss reserves, and other funds acquired and to make an annual accounting of the trust's operations to the Secretary of the Treasury. Sets forth the powers of the trustees. Requires the Administration, within 30 days after receiving notice from the Corporation that it is prepared to conduct business, to convey to the Corporation all of the right, title, and interest to all securities and outstanding debentures issued by small business investment companies which are not in liquidation. Requires the trust to apply all of the funds held in trust and income to: (1) cover any losses realized on debentures purchased or guaranteed by the Corporation; (2) reduce the interest rate on debentures issued by special small business investment companies; (3) purchase preferred securities issued by special small business investment companies; and (4) cover the operating costs of administering the trust. Authorizes the trustees of the trust to purchase preferred securities and the Corporation to purchase or guarantee the payment of principal and interest on debentures issued by special small business investment companies. Sets forth the terms and conditions for small purchases. Authorizes a special small business investment company to request the Corporation to purchase or guarantee debentures issued by such company. Provides that such debentures shall be subordinate to any other obligations of such companies. Provides that if the Corporation purchases or guarantees debentures issued by special small business investment companies, in addition to such debentures acquired in lieu of the trust purchasing nonvoting stock, they shall be subordinate to any other obligations unless the Corporation determines otherwise. Sets forth restrictions on the interest rate on and total amount of such debentures. Provides that all outstanding preferred securities purchased by the trust from special small business investment companies shall be redeemed and transferred to the U.S. Treasury 50 years after the effective date of this Act. Gives the Administration review authority over the Corporation. Authorizes the Administration to examine the Corporation's books and records. Requires that the corporation's books be audited annually and that a report of each such audit be made by the Secretary of the Treasury to the President and to the Congress' small business committees. Provides that the Corporation's books and records shall be subject to audit by the General Accounting Office at the request of either of the Congress' small business committees and by the Administration's Office of Inspector General while specified debentures remain outstanding. Requires the Corporation to transmit to the President and the Congress' small business committees an annual report. Authorizes the Secretary of the Treasury to sell to the Corporation on September 30, 1988, its interest in small business investment company securities guaranteed by the Administration and held by the Federal Financing Bank, providing such securities are due in FY 1989 or any subsequent year and are not in default. Sets an upper limit on the purchase price. Requires the Secretary of the Treasury, within ten days of receiving notice that the Corporation is ready to conduct business, to propose the sale price for the securities which the Corporation is to purchase. Sets forth procedures for determining the purchase price if the board finds the Secretary's proposal unacceptable. Requires the Corporation to submit a report, within 30 days of the completion of the purchase of the securities, to the Committee on Small Business of the House and of the Senate setting forth the activities of the Secretary, the Corporation, and their representatives under this Act. Prohibits the Administration from making any payments to the Department of the Treasury on debentures guaranteed under the Small Business Investment Act after they are sold to the Corporation. Prohibits the Administration from selling or encumbering loans or debentures it has made or issued, except as specified in this Act. Requires the General Accounting Office, by January 1, 1993, to prepare a report for the House and Senate Small Business Committees on the Corporation's impact in achieving the purposes of this Act.
United States · United States Congress · 1 December 1987
Depository Institution Affiliation Act - Title I: Creation and Control of Depository Institution Holding Companies - Sets forth the terms and conditions under which a depository institution holding company (DIHC) can be established and must be operated. Requires any DIHC seeking to acquire control of an insured bank, an insured institution, a bank holding company, a savings and loan holding company, or a depository institution holding company to comply with the requirements of the Change in Bank Control Act or the Change in Savings and Loan Control Act, as applicable. Establishes penalties and additional procedures for failing to comply with such requirements. Permits the appropriate Federal regulatory agency (the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Board of Directors of the Federal Deposit Insurance Corporation, or the Federal Home Loan Bank Board) to adopt rules and regulations to prevent an insured bank or institution that is controlled by a DIHC from engaging in unsafe or unsound practices. Subjects DIHCs to the same restrictions on affiliate transactions that are imposed upon member banks (banks which are members of a Federal Reserve bank) under the Federal Reserve Act. Establishes additional restrictions on inter-affiliate transactions, including prohibiting an insured bank or institution that is an affiliate of a DIHC from: (1) extending credit to a securities affiliate or subsidiary; (2) purchasing the assets of a securities affiliate or subsidiary; or (3) extending credit to an issuer of securities underwritten by a securities affiliate for the purpose of paying the principal of those securities or interest for dividends on those securities. Provides exceptions from such restrictions. Permits the appropriate Federal regulatory agency for insured banks or institutions that are controlled by DIHCs to require such banks and institutions to maintain additional capital in an amount of up to three percent of their total assets. Requires any DIHC which is in control of an insured bank or institution found to be undercapitalized to: (1) enter into an agreement with the appropriate Federal regulatory agency to return the bank or institution to compliance with the applicable minimum required capital; or (2) divest control of such bank or institution. States that Federal regulatory agencies may not impose requirements pertaining to the capitalization of a DIHC. Subjects interstate acquisitions: (1) of an insured bank by a DIHC to the same restrictions as are applicable to bank holding companies under the Bank Holding Company Act of 1956; and (2) of an insured institution by a DIHC to the same restrictions as are applicable to savings and loan companies. Prohibits Federal and State governments from enacting laws that discriminate against DIHCs. Prohibits insured banks and institutions that are associated with a DIHC from: (1) dealing in or underwriting securities; (2) underwriting insurance; or (3) investing in or developing real estate. Provides certain limitations on DIHC entry into the businesses of insurance agency and real estate brokerage. Subjects DIHCs to the tying provisions of the Bank Holding Company Act Amendments of 1970 and to the insider lending prohibitions of the Federal Reserve Act. Makes conforming amendments to the Bank Holding Company Act of 1956. Amends the Federal Reserve Act to provide that, for the purpose of restricting loans or extending credit to affiliates, a loan or extension of credit shall not be deemed to be made to an affiliate if: (1) the approval of such loan or extension of credit was in accordance with the same standards and procedures and on substantially the same terms that apply to similar loans or extensions of credit; and (2) such loan or extension of credit was not made for the purpose of evading any requirement of such Act. Amends the Banking Act of 1933 to make certain provisions which prohibit member banks from becoming affiliated with securities corporations inapplicable to member banks which are controlled by DIHCs. Makes conforming amendments to the Federal Deposit Insurance Act. Amends the Securities Exchange Act of 1934 to provide for the registration and regulation of broker dealers. Makes conforming amendments to the Community Reinvestment Act. Title II: Supervisory Improvements - Establishes a National Financial Services Committee to establish uniform principals and standards for the examination and supervision of financial institutions and other providers of financial services and to recommend additional measures to the Congress to strengthen the separation of insured banks and institutions controlled by DIHCs from the activities of their affiliates. Title III: Thrift Improvements - Amends the National Housing Act to exempt institutions controlled by DIHCs from the definition of "insured institution" for the purposes of the Savings and Loan Holding Company Act. States that savings and loan holding companies and their subsidiaries shall not be subject to the debt approval requirements of such Act if their insured subsidiaries have met certain qualified thrift lender requirements. Deletes the Savings and Loan Holding Company Act management interlock prohibitions. Establishes affiliate transaction standards which are applicable to all insured institutions. Preempts inconsistent State and Federal laws, rules, and regulations. Exempts savings and loan holding companies from restrictions on: (1) affiliation with institutions which engage in underwriting and distributing securities; and (2) cross marketing practices. Amends the Depository Institutions Management Interlocks Act to permit management interlocks between savings and loan holding companies whose insured subsidiaries satisfy the qualified thrift lender requirement (unless the Federal Home Loan Bank Board determines that such an interlock would result in a monopoly or lessen competition and that preventing the interlock is the only way to prevent such anticompetitive results).
United States · United States Congress · 20 November 1987
Recommends that a one-year across the board freeze of all Federal spending and existing Federal tax rates be adopted at the earliest possible date to help restore national and international confidence in the U.S. economy. Urges that such freeze encompass: (1) all appropriated accounts for defense and nondefense discretionary spending with spending maintained at FY 1987 budget authority levels; (2) inflation adjustments for all Federal entitlement beneficiaries limited to two percent, except for supplemental security income; and (3) existing Federal tax rates for individuals and corporations. Provides for the automatic implementation of inflation adjustments and tax rate reductions immediately following the one-year freeze. Urges that such a one-year freeze be considered as the minimum acceptable step toward deficit reduction and that asset sales, improved tax compliance, and other deficit reduction measures be seriously considered.
United States · United States Congress · 19 November 1987
Act for Better Child Care Services of 1987 - Authorizes appropriations for FY 1988 and such sums as necessary for FY 1989 through 1992 to carry out the purposes of this Act. Specifies the manner of making allotments for child care services. Requires the designation of a lead agency in each State which participates in the programs under this Act. Requires States to submit, in order to qualify for assistance under this Act, an application and plan to the Secretary of Health and Human Services. Requires each plan to cover a five-year period and to meet specified requirements for providers of child care services. Authorizes the use of State allotments: (1) by contracts with or grants to eligible child care providers, or public or private nonprofit agencies, to enable such providers or agencies to operate programs directly or by subcontract; or (2) by distributing child care certificates that parents may use as payment for child care services. Requires that a percentage of funds be reserved to enable part-day programs to extend existing hours of operation and provide full-day child care services. Authorizes the Secretary to make planning grants to States which desire to participate under this Act but cannot fully satisfy the requirements of a State plan without financial assistance. Provides for a review of the operation of a State plan during the five-year period to determine the State's continued eligibility for funds. Requires the Governor of each participating State to establish: (1) a State interagency advisory committee on child care to assist the lead agency in carrying out its responsibilities; and (2) a State committee on licensing to review the licensing requirements, the law, and the policies regulating child care services and programs within State. Requires each participating State to recognize private nonprofit community-based organizations, or public organizations, as resources and referral agencies for particular geographic areas. Requires each participating State to require that all employed or self-employed persons providing licensed or regulated child care complete at least 15 hours per year of inservice, continuing education, or other training as described in this Act. Directs the Secretary to establish within the Department of Health and Human Services an Administrator of Child Care to carry out the provisions of this Act. Establishes enforcement provisions for review of State plans and monitoring of State compliance. Declares the Federal share of child care programs to be 80 percent and requires the State to demonstrate that the remaining 20 percent will be provided from other sources. Requires the Secretary to establish a National Advisory Committee on Child Care Standards to: (1) review Federal policies on child care services and such other data as appropriate; (2) submit to the Secretary proposed minimum standards for child care programs; and (3) develop and make available to lead agencies model regulations for resources and referral agencies. Terminates the committee 90 days after the date of publication of final minimum child care standards. Prohibits the use of funds under this Act for: (1) sectarian purposes or activities; (2) capital improvements to sectarian institutions; and (3) tuition.
United States · United States Congress · 13 November 1987
Expresses the sense of the Congress that: (1) the United Nations (UN) and the Human Rights Commission have acted selectively and inconsistently in addressing human rights violations in various countries; (2) the UN General Assembly and the Commission have failed to responsibly address the deplorable human rights situation in Cuba despite overwhelming evidence of abuse; (3) the President, Secretary of State, and Permanent Representative of the United States to the UN are to be commended for their efforts to place Cuba on the UN's human rights agenda and urged to continue their efforts; (4) specified countries should be commended for their votes in favor of considering such violations by Cuba; (5) the United States urges specified Commission member States to support the U.S. resolution on Cuban human rights at the next Commission session; (6) the United States should take such vote into consideration in determining U.S. assistance to all countries which are Commission members; (7) the United States should continue to emphasize how other countries vote on fundamental issues such as human rights when determining financial support for the UN and the Commission; and (8) the Commission should include Cuban human rights violations among the highest priorities of its human rights agenda at its 44th session in Geneva, Switzerland, in 1988.
United States · United States Congress · 12 November 1987
Amends the National Housing Act to extend authority through December 16, 1987, for: (1) title I financial institution insurance for housing renovation and modernization; (2) general mortgage insurance; (3) low and moderate income and displaced families mortgage insurance; (4) homeownership for lower income families including mortgage insurance authority and housing stimulus authority; (5) mortgage co-insurance, including rental rehabilitation and development projects; (6) graduated payment and indexed mortgage insurance; (7) the demonstration mortgage reinsurance program; (8) mortgage insurance for armed forces' civilian employees and defense housing for impacted areas; (9) mortgage insurance for land development; and (10) mortgage insurance for medical and dental group practice facilities. Amends the Housing Act of 1964 to extend urban rehabilitation loan authority through December 16, 1987. Amends the Housing Act of 1949 to extend Farmers Home Administration authority through December 16, 1987, for: (1) insured loans for rental and cooperative housing and related facilities for elderly persons and families in rural areas; (2) rural communities with 10,000 - 20,000 population to participate in rural housing programs; and (3) mutual and self-help housing grant and loan authority. Amends the National Flood Insurance Act of 1968 to extend authority for national flood insurance, including emergency implementation and flood-risk zones, through December 16, 1987. Amends the National Housing Act to extend authority for the national crime insurance program through December 16, 1987. Amends the Housing and Community Development Act of 1974 to extend community development block grant entitlement authority for certain metropolitan city and urban county areas through December 16, 1987. Amends the Housing and Urban-Rural Recovery Act of 1983 to extend the maximum interest rate limitation on loans for housing and related facilities for elderly or handicapped families through December 16, 1987. Extends the Home Mortgage Disclosure Act through December 16, 1987. Amends the Solar Energy and Energy Conservation Bank Act to extend the Solar Energy and Energy Conservation Bank through December 16, 1987. Amends the Federal National Mortgage Association Charter Act to extend the Federal National Mortgage Association's (Fannie Mae) authority to purchase secondary residential mortgages through December 16, 1987. Amends the Federal Home Loan Mortgage Corporation Act to extend the Federal Home Loan Mortgage Corporation's (Freddie Mac) authority to purchase secondary residential mortgages through December 16, 1987. Amends the National Housing Act to make permanent the limitation on the principal amount of mortgages that may be insured in any fiscal year under such Act. Amends Federal law to extend the moratorium on the prepayment of certain rural rental housing loans through December 16, 1987.
United States · United States Congress · 10 November 1987
Chemical Diversion and Trafficking Act of 1987 - Amends the Controlled Substances Act to establish recordkeeping and reporting requirements for the manufacture, distribution, importation, and exportation of listed precursor and essential chemicals. Prohibits the distribution of such chemicals unless the recipient provides a certification of lawful use and proper identification. Establishes exemptions from such requirements: (1) for the distribution of such chemicals between agents or employees within a single facility; (2) for the delivery of such chemicals to or by common carriers; (3) where the Attorney General determines that such requirements are not necessary for the enforcement of this Act; and (4) where products containing such chemicals are lawfully marketed under the Federal Food, Drug, and Cosmetic Act. Establishes an import-export notice and declaration requirement for listed precursors and essential chemicals. Includes as precursor chemicals: (1) N-Acetylanthranilic acid; (2) Anthranilic acid; (3) Ergotamine tartrate; (4) Ergonovine maleate; (5) Phenylacetic acid; (6) Ephedrine; (7) Pseudoephedrine; (8) Benzyl cyanide; (9) Benzyl chloride; and (10) Piperidine. Includes as essential chemicals: (1) Potassium permanganate; (2) Acetic anhydride; (3) Acetone; and (4) Ethyl ether. Establishes a mechanism and criteria for adding or deleting chemicals from such lists. Prohibits the transfer of commercial tableting and encapsulating machines unless a certification of lawful use and proper identification are provided. Establishes reporting requirements for such transfers. Establishes criminal penalties for the unlawful: (1) possession, manufacture, distribution, sale, importation, or exportation of a precursor or essential chemical; and (2) possession, manufacture, distribution, or importation of drug manufacturing equipment, tableting or encapsulating machines, and gelatin capsules. Subjects all listed precursor and essential chemicals, drug manufacturing equipment, tableting and encapsulating machines, and gelatin capsules which have been imported, exported, manufactured, possessed, or distributed in violation of such Act (as well as all conveyances and equipment) to forfeiture to the United States. Directs the Attorney General to maintain an active program, both domestic and international, to curtail the diversion of precursor and essential chemicals. Grants the Attorney General subpoena power with respect to precursor and essential chemicals.
United States · United States Congress · 10 November 1987
Expresses the sense of the Senate that: (1) the Senate leadership should seek a budget resolution plan that contains savings in FY 1988 in excess of $23,000,000,000 and the plan should extend for at least two years; and (2) the House should consider adopting a similar approach and the President should become personally involved in the negotiations with leaders of Congress to ensure that a meaningful deficit reduction package will be enacted.
United States · United States Congress · 5 November 1987
Genocide Convention Implementation Act of 1987 - Amends the Federal criminal code to establish the criminal offense of genocide. Sets forth penalties to be imposed upon anyone who commits or attempts to commit any of the acts which constitute genocide (a fine of $1,000,000 and/or imprisonment for up to 20 years, and life imprisonment if group members are killed). Sets forth criminal penalties (a fine of $500,000 and/or imprisonment for up to five years) for directly and publicly inciting an act of genocide.
United States · United States Congress · 5 November 1987
Expresses the sense of the Congress that before November 18, 1987, the Secretary of State should inform the Soviet Government that the United States supports the right of the Latvian people to peacefully assemble to commemorate important dates in their history and should urge the Soviet Government to: (1) allow the Latvian people to publicly commemorate November 18, the anniversary of the founding of the independent Republic of Latvia, without reprisal; (2) allow the Western media access to Riga, Latvia, to report on that day's events; (3) halt harassment of Latvian human rights groups; and (4) release all Latvian prisoners of conscience, including human rights activists Linards Grantins and Gunars Astra, before such date. Urges the President to direct U.S. Government agencies to closely monitor the events of November 18, and to send an appropriate representative to observe that day's events. Urges the President and the Secretary to raise the issue of human rights and self-determination in the Baltic states during the next U.S.-Soviet summit.
United States · United States Congress · 4 November 1987
Minority Business Development Act of 1987 - Redesignates the Minority Business Development Agency in the Department of Commerce as the Minority Business Development Administration. Requires the President to appoint an Administrator to head the Administration. Requires the Secretary of Commerce to report to the Congress on the organizational structure within the Administration and its organizational position in the Department of Commerce. Title I: Market Development - Empowers the Administration to: (1) assist disadvantaged businesses in penetrating domestic and foreign markets by making available to such businesses management and technological assistance, a skilled labor pool, and financial and marketing services; and (2) encourage disadvantaged firms to establish joint ventures and projects to increase their share of the market. Authorizes the Administration to provide financial assistance to public and private sector organizations to carry out this Act. Requires the Administration to consult with State and local governments for the purpose of leveraging local resources, and recommending local administrative and legislative initiatives, to promote the position of disadvantaged businesses. Authorizes the Administration to provide financial assistance to States and cities and to allocate such assistance on the basis of relative populations of disadvantaged individuals, numbers of disadvantaged businesses, and unemployment rates of disadvantaged individuals. Requires the Administration, at least 120 days before the beginning of each fiscal year, to publish in the Federal Register the actual or anticipated amount of financial assistance that will or may be available in the immediately succeeding fiscal year. Requires the Administrator, at least 60 days before the beginning of each fiscal year, to publish its response to comments received and any change in the allocation methodology. Title II: Capital Formation - Authorizes the Administration to defray all or part of the costs of pilot projects which are conducted by public or private organizations and designed to assist disadvantaged businesses in obtaining equity capital. Requires the Securities and Exchange Commission to cooperate with the Administration to promote access to securities markets for disadvantaged businesses. Establishes within the Treasury a revolving fund to be available to the Administration to provide financial assistance to qualified disadvantaged businesses through the purchase of equity investments in such businesses. Permits the Administration to provide such assistance to qualified businesses only after determining that: (1) such assistance is unavailable on reasonable terms from other sources; (2) the assistance will permit a concern to operate profitably in a reasonable period of time; (3) the proceeds will be used in a reasonable period of time for plant construction, to finance the acquisition of equipment, or to supply working capital; (4) the terms under which the assistance is provided will not be breached by the business; and (5) salaries paid by the business are reasonable. Limits the amount of equity investments that may be purchased by the Administration and be outstanding at any one time. Title III: Management Educational Development - Requires the Administration to: (1) encourage universities, business leaders, and other public and private entities, to offer scholarships, sponsor seminars, and provide internships for the benefit of disadvantaged individuals; and (2) accelerate curriculum design in support of disadvantaged business development. Title IV: Research and Information - Requires the Administration to submit to the Congress a report describing the resources needed to advance and represent disadvantaged businesses in all levels of the economic system in numbers that would have existed were it not for past discrimination. Authorizes the Administration to: (1) provide financial assistance to public and private organizations to assist the Administration in collecting data on the causes for success and failure of disadvantaged businesses and in conducting research on how economic conditions affect the development of such businesses; (2) develop and maintain a data bank on disadvantaged businesses; and (3) establish an information clearinghouse for data pertinent to disadvantaged business. Title V: Administrative and Miscellaneous Powers of the Administration - Sets forth the administrative powers of the Administration. Permits the Administrator, the Inspector General of the Department of Commerce, and the Comptroller General to examine records of each recipient of assistance. Requires the Comptroller General to review and report to the Congress on programs authorized by this Act not later than July 1, 1988. Requires the Administrator to submit an annual report on the Administration's activities to the President and specified congressional committees. Authorizes appropriations.
United States · United States Congress · 30 October 1987
Poultry Producers Financial Protection Act of 1987 - Amends the Packers and Stockyards Act, 1921 to remove live poultry handlers from marketing practices' regulation under such Act. Establishes a statutory trust for the benefit of unpaid cash sellers or poultry growers which consists of the assets of live poultry dealers with average annual live poultry sales, or average annual value of poultry obtained by purchase or growing arrangement, greater than $100,000. States that a dishonored payment instrument shall not be considered as payment. Provides that an unpaid cash seller or poultry grower shall lose such trust benefit if he or she fails to give written notice of nonpayment or dishonored payment within specified time periods to the poultry dealers. States that the trust is preserved by giving written notice to the dealer and filing such notice with the Secretary of Agriculture. Provides a cause of action for violations under such Act with respect to poultry sales, purchases, or growing arrangements. Eliminates poultry handler recordkeeping provisions. States that the Federal Trade Commission (FTC) shall have power and jurisdiction over all (marketing) transactions in commerce of poultry products. States that the Secretary may exercise jurisdiction over poultry products in prompt payment or trust proceedings (as established by this Act) in order to avoid impairment of the Secretary's jurisdiction. Requires the Secretary to: (1) notify the FTC of any intended action; and (2) not proceed further if notified within ten days that an FTC proceeding involving the same subject matter is pending. Authorizes the Secretary to seek injunctive relief for nonpayment of live poultry transactions, including growing arrangements. Requires poultry dealers to pay poultry producers within the following time limits: (1) for a cash sale, full payment by the close of business on the day after the sale; and (2) for a growing arrangement, full payment within 15 days after the week of slaughter. States that a payment delay or attempted delay shall be considered an "unfair practice" violation under such Act. Directs the Secretary, whenever he has reason to believe that a poultry dealer has violated the prompt payment or trust provisions created by this Act, to issue a written complaint and hold a hearing at least 30 days after service of the complaint. Authorizes the Secretary to issue a cease and desist order, and also to assess a civil penalty of up to $20,000 per violation, if he finds the dealer in violation of such provisions. Makes the Secretary's order final unless a poultry dealer files an appeal with the appropriate court of appeals within 30 days after service. Subjects a poultry dealer or his agents to fines of between $1,000 and $20,000 for failure to comply with the Secretary's order. Declares that this Act shall not be construed to limit or otherwise affect the power of the Federal Trade Commission under the Federal Trade Commission Act to prevent, with respect to poultry products, the use of unfair methods of competition, and unfair deceptive act or practices. Repeals title V of the Packers and Stockyards Act, 1921.
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